The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1887-06-17
THOSE TEMPERANCE RESOLUTIONS.
EDS. CoLUMRIAN.

EDS. COLUMBIAN.
Temperance workers are engaged in
a good cause, and they will no doubt
be able to accomplish much good if
they go at it in the right way, but they
are liable to make mistakes, and one
Of these appears in the shape of resolu-
tions attacking the court for not estab.
fishing prohibition in this county. If
their efforts were directed towards pro.
hibitory Legislation, instead of asking
the court to do what Chief Justice
Agnew, himself strong temperance
advocate, says in an opinion of the
Sapreme Court ought not to be done
by the courts, namely, refuse all licenses
without cause shown, they would be
much surer of eventually reaching
some practical result
1t has been said again and again
that courts are constituted to administer
the laws, not to make them. The laws
of the state provide for the granting of
licenses, and the courts are sworn to
carry out the laws as they find them.
"But,' say our temperance friends,
''the matter is entirely in the discretion
of the court, and it can refuse ali
licenses, if it chooses In reply to
this the Supreme Court has said that
tie Judge who arbitrarily refuses all
licenses, is not exercising judicial dis
cretion, and not carrying out the law /;
that is, he is merely enforcing his own
private opinions. Were it only a mat
ter of private opinion the large major
ity of Judges in this state would grant
no licenses, but the law requires them
to decide according to the circumstan-
ces of each case.
When resolutions are passed by
convention assembled as a christian
body, they ought to state the exact
truth, and no mistakes should be made
either through ignorance or intention.
The impression given by these resolu-
tions is that the court "utterly disre-
garded them, and spoke of them as en-
titled to no weight" There is a sup
preston of fact here that is not justifi-
able. After hearing the remonstrance
referred to, and long argument there
on, the associates being alone upon the
bench stated that they had consulted
with the President Judge and he was
of the opinion that the remonstrance,
being general in Its character, was not
legally entitled to consideration. This
opinion was based upon the recent de-
cisions of the Supreme Court in Reeds
Appeal, that remonstrances shall be
particular and unless they are 80 they
are not to be regarded by the court.
The remonstrances did not comply
with the rules of court, nor with the
law of the state as laid down by the
highest authority, and therefore 1t was
properly rejected. Prohibition can
not be secured in the manner attempt
ed by the Sunday school convention.
1t must be done by legislation, and
can be brought about in no other way.
Efforts to secure this result are most
commendable, and when properly di-
rected great good can be done by edu-
eating the people up to the proper stan
dard, but it is Incorporate temperance
to seek it through tribunal that has
no power to grant it, and in a manner
not in compliance with law, and then
censure the court for refusing to over.
rule Its superior authority.
am not advocating the license sys-
tenn, and l shall hail the day with de-
light when the state and nation are
emancipated from the great evil of in
toxication. If the majority of the
people of Pennsylvania shall say, when
the opportunity is gwen them, that no
Intoxicating liquors shall be manufac-
tured or sold within the commonwealth
l shall be content, but there is no law
now that authorizes any tribunal to
establish local prohibition, and until
such law is made by the proper branch
OF the state government we must abide
by the statute books. LEX.